Nigeria… The making of a human rights abuse haven

The bloody legacy of past and present administrations has, over the years, presented the country as a killing field where no premium is placed on human life. The fact that little is done to remedy rights abuses and violations is simply troubling and soils the country’s image internationally. While state actors at different levels are playing possum, religious bigots and sundry characters have continued to maim and kill hapless citizens for sports. As the world marked the 75th anniversary of Human Rights Anniversary on Sunday, December 10, ENO-ABASI SUNDAY writes that constant happenings in the country gives a semblance of Thomas Hobbes’ state of nature where all sorts thrive, and where life is solitary, poor, nasty, brutish, and short.

Across the country, a significant number of human rights abuses happen daily, and they range from extrajudicial killings to impunity by law enforcement agencies, torture by state/non-state actors, imprisonments without trials, and life-threatening prison conditions.

Also, on the log are arbitrary arrest/detention; forced disappearances; kidnapping of people for ransom; meting cruel and inhuman treatment to hapless citizens by authority-crazed law enforcement operatives, as well as, blasphemy-related prosecutions and killings among others.

It was these and other such abuses that prompted the General Assembly of the United Nations, in Paris, France to adopt the Universal Declaration of Human Rights (UDHR), a set of indivisible, inalienable and universal rights, which among other things, highlight the equal dignity and worth of everyone.

Upon the adoption, expectations were high that the mistreatment of persons based on their background, creed, religion, and origin, among others, would be done away with.
Indeed, by its resolution 217 A (III) of 10 December 1948, the General Assembly adopted the UDHR with eight nations abstaining from the vote but none dissenting.
Broadly defined, human rights abuse is anything that harms someone’s human rights, and these include harm to people, communities, and the environment.

Seventy-five years since the UDHR came into being, many Nigerians have continued to suffer all shades of deprivations, including the abridgment of their rights.
Nigeria’s Independence Constitution of 1960 and the Republican Constitution of 1963 both made copious provisions for the protection of fundamental human rights. These were improved upon by the 1979 and the 1999 constitutions, both of which went further to provide a bill of rights.

But historians trace the country’s long history of human rights violations to colonial authorities, who resorted to cruel and barbaric practices in an attempt to establish a firm grip over their subjects, as well as consolidate and expand their powers.
Civilian governments’ half-hearted attempts to enforce human rights under fledgling democratic governments made no great gains, but the military incursion into governance simply raised the bar and marked the turning point as far as rights abuse is concerned.

That failure to nurture the growth of human rights gradually paved the way for total disrespect for the rule of law, which now manifests heavily across the board.
Despite the country being a signatory to the United Nations Treaty Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,” which was adopted in 1975, the Nigerian political leadership has carefully “nurtured” rights abuses for decades.

Unending tales of rights abuse, ‘state-endorsed violations’
Urenna Chibogu was taken into custody by the local headquarters of the Special Anti-Robbery Squad, a dreaded arm of the Nigeria Police Force (NPF) in June 2013, with his complete dentition.
But after three weeks of intense torture, which the unit better known as “Awkuzu SARS” called interrogation, Chibogu was wheeled out of the facility “gap-toothed” having lost two teeth when he fell from the beam during the torture galore. He was barely conscious.

“In my former workplace, I had just resumed for the day when policemen swooped on everyone in sight after our boss reported that a huge amount of raw materials had been carted away from the store. I expressed my innocence, but the police insisted that I must follow them to the station. I was constantly tortured for about three weeks until my former employer’s younger brother confessed that he had taken away the material that was missing. To date, no one has apologised, or compensated me,” he told The Guardian.

Chibogu, who has since moved on, is just one of the thousands that daily fall victim to police brutality across the country. Many more are not lucky enough to make it out of police torture chambers.

Oyewusi Gbolahan was on his way back from a nightclub in the Ikeja area of Lagos State. As he held on for the arrival of his friend Ishola, who was to give him a ride, he was swooped on by policemen, who bundled him into a patrol vehicle and switched off his mobile phone.

“I was in a police cell in Ikeja for one week, and at the end of it all, one day, an officer opened the cell, announced my name and asked me to go get my belongings and go home. After ruminating about suing for a while, my parents asked me to forget about it and move on,” he told The Guardian.

Rhoda Jatou was among the millions that locally and internationally condemned the slaughtering of Deborah Yakubu, a Christian student at the College of Education, Sokoto, over alleged blasphemy towards Islam.

Jatou took her condemnation of the barbaric action by the religious bigots a notch higher, by sharing a video condemning the burning to death of Ms Yakubu, in May 2022, by mob action among her co-workers.

For that, the healthcare administrator with the Warji Local Council of Bauchi State was apprehended, and in clear breach of extant laws, as well as a brazen breach of her human rights spent over one year in detention, in Bauchi.
While the state held Jatau, and prosecutors alleged that by sharing the video, the mother of four, then 45, committed multiple offences of inciting disturbance, contempt for religious creed, and cyberstalking, Miss Yakubu’s remains were committed to Mother Earth.

As Jatou was charged under sections 114 and 210 of the Penal Code Law, as well as Section 24 Sub-Section 1b(i) of the Cyber Crimes Act, the religious bigots that allegedly killed the student were alleged by security agencies to have escaped to a neighbouring country.

Following interventions by the Christian Association of Nigeria, Nigeria Inter-Religious Council, and Christian Solidarity Worldwide Nigeria, Jatou, who was quartered in Bauchi Prison was granted bail and released from detention.

Forty-year-old mother of seven, Deaconess Eunice Mojisola Olawale, was butchered by suspected Islamic bigots, while preaching in the early hours of Saturday, July 9, 2016, around the pipeline area of Gbazango Community, Kubwa, Abuja.

The last time that anything serious was heard about her death was when the then spokesman of the Abuja Police Command, Anjuguri Manzah, said that the then Commissioner of Police (CP), Alkali Usman, had ordered the Deputy Commissioner of Police, Criminal Investigation and Intelligence Department (CIID) to lead a discreet investigation into the murder.

Despite the national and international outcry that Olawale’s death generated, the Federal Government again played the ostrich, and the matter was swept under the carpet, and the Olawales were left to gnash their teeth.

It probably was a sustained sequence of human rights abuses akin to what is happening in Nigeria that prompted Eleanor Roosevelt, a former First Lady of the United States (from 1933 to 1945) to ask, “Where, after all, do universal human rights begin? In small places, close to home – so close and so small that they cannot be seen on any maps of the world… Such are the places where every man, woman, and child seeks equal justice, equal opportunity, and equal dignity without discrimination. Unless these rights have meaning there, they have little meaning anywhere.”

Mrs Roosevelt was made the United States delegate to the United Nations where she played an outstanding role in the drafting of the Universal Declaration of Human Rights, the Magna Carta that defines human rights to date may be far gone, but her words still resonate in Nigeria, and other climes where human rights abuse daily bloom like a well-tendered lily garden.

Indeed, it is not for nothing that Nigeria is ranked 21st among countries with the worst record for human rights and rule of law violations in the world.

For instance, in six years, the Nigerian Army has “mistakenly” bombed and killed over 425 people, but the government’s handling of the issues afterward has remained appalling.
Amnesty International has been strident in calling out the Federal Government for allegedly perpetrating human rights abuses. Last Sunday, through a series of tweets, it alleged that the immediate past administration of President Muhammadu Buhari-led extrajudicially killed 150 peaceful pro-Biafra protesters, carried out the massacre of 350 Shiite Muslims in Zaria, Kaduna State, as well as the brutal killing of dozens of #EndSARS protesters, amongst other human rights violations.

In the X post, which the rights organisation titled: “Gross Human Rights Violations Under Buhari Administration,” the listed violations include the “mass slaughter of over 350 men, women and children by the Nigerian military in Zaria between 12–14 December 2015,” adding that the Nigerian security forces “carried out a chilling campaign of extrajudicial executions and violence, resulting in the deaths of at least 150 peaceful pro-Biafra protesters between August 2015 and August 2016.”

The group added that “peaceful #EndSARS protests seeking an end to the atrocities of SARS — a callous unit of the Nigeria Police, was met with a violent crackdown, while 56 people were killed nationwide,” adding that “at least, 12 protesters were killed at #LekkiTollGate and Alausa on 20 October 2020.

“The Buhari administration’s failure to bring perpetrators to justice fuelled a bloody escalation in the conflict between farmers and herders across the country, resulting in at least 3,641 deaths in three years… and over 57 per cent of the 3,641 recorded deaths occurred in 2018.

The arrest, torture, harassment, and threat faced by “at least 19 journalists and media practitioners,” was also captured by the group as “happening between January and September 2019 …At least three journalists had to go into hiding.”

These brutish tendencies in addition to others, according to a report by theglobaleconomy.com combined to catapult the country to the position of infamy in the comity of nations.

The United States-based online platform that offers up-to-date data on indicators like the economy, employment, and respect for citizens’ rights and prevailing laws of countries all over the world, noted that Nigeria, by being ranked 21, Nigeria is playing in the same league with countries like Yemen, Iran and China as countries with the highest disregard for human rights and rule of law in the world.

Lending credence to this is the revelation by the Policy and Legal Advocacy Centre (PLAC), which claimed that at least 750 persons have been killed by bandits, terrorists, and other non-state actors, while no less than 45 persons were abducted from various educational institutions in the country in 2023.
The 2023 human rights report was issued recently, in Abuja, by PLAC’s Executive Director, Clement Nwankwo at an event to commemorate the 75th Anniversary of Human Rights Day themed “Freedom, Equality and Justice for All.”

Disrespect for human rights, rule of law by government as national pastime
When asked about one legacy he would want to be remembered for in an April 2009 interview, which he granted The Guardian, former president, the late Musa Yar’Adua, said: “Frankly speaking, one thing, one legacy I would want to be remembered most for, and I know it is very, very difficult to achieve, but I am determined to achieve it, is the establishment of respect for the rule of law. Because all these problems this nation is facing, whether it is in the electoral process, the economy, corruption, or others, are as a result of disrespect for, or violations of the rule of law. So, restoring respect for the rule of law is honestly one thing I would want to be remembered for.”

The abuse and violation of the rule of law, which Yar’Adua talked about 14 years ago still looms as a spectre in the country till this day. Both state and non-state actors have, over the years, gone more brazen in their abuse of the rule of law, in addition to human rights violations.

The Federal Government’s apparent indifference to human rights and the rule of law perhaps compelled Amnesty International, Nigeria to express deep concerns about the human rights situation in the country, and the failure of Nigerian authorities to address current and past human rights violations.

However, some Nigerians agree that the consistent failure of Nigerian authorities to address current and past human rights violations is emboldening impunity.

This much was re-echoed by the Convener, Coalition of Human Rights Defenders (COHRD), Inibehe Effiong, when he said: “The human rights situation in Nigeria in the last year has been precarious, horrific, and horrendous. The Buhari regime in particular embarked on one of the most egregious slaughter of citizens. We have witnessed in the last year, repeated and flagrant disobedience to court orders, disregard for the rule of law, and disdain for human rights.

“The Buhari regime inflicted severe harm on the human rights record of the country. The last general elections also witnessed high human rights violations, voters were denied their constitutional right to vote, many people were killed, properties were destroyed and we also witnessed the weaponisation of state institutions, all these contributed to the erosion of the human rights situation in the country,” Effiong said.

He added: “Tinubu’s controversial emergence as president has only further undermined the human rights situation. So far, there is no indication that Tinubu has any intention of entrenching a culture of respect for human rights in the country and we are already seeing signs of disregard for human rights.”

Effiong, a human rights lawyer and the Principal Counsel/Head of Chambers at Inibehe Effiong Chambers regretted that the Federal Government has failed to hold the military to account for bombing innocent citizens thereby encouraging impunity and unprofessionalism.

“The Federal Government over the years has demonstrated a lack of political will to hold the military accountable. Soldiers and military officers have operated with reckless impunity; they have also consistently shown contempt for the civilian population.
“In terms of military operations, there has been repeated disregard for rules of engagement. We have witnessed many attacks and bombing of civilian population without consequences and this has to stop if Nigeria is to be reckoned with,” he stated.

On how the embarrassing rights violation perpetrated by military and para-military affects the country’s reputation, Effiong said: “The abuse of citizens by military and para-military institutions has portrayed Nigeria as a lawless country. It has also created a hostile investment climate for potential investors. The brutalisation of citizens has also portrayed the country negatively before the international community, as no country will respect Nigeria or Nigerians when our law enforcement institutions do not show respect for citizens. It is therefore imperative for the government and the military authorities to begin to sanitise the horrible human rights record of the Armed Forces and para-military institutions.

Abasumo Ekong-Bassey, another legal practitioner agrees with Effiong that: “The seeming lack of response from the government may be traced to how the military is perceived in this clime; whatever infractions done by the military as an institution, or their personnel is usually handled outside the public purview. The unfortunate bombing of innocent civilians is a sad commentary on the professionalism of our ministry. It is scandalous to even note that this incident was not an isolated one. In saner climes, a top military chief, or a group of such chiefs would have tendered apologies and resigned! There are certain things in the public arena which should not be swept under the carpet.”

Police as numero uno perpetrator of rights abuse, violation
With a police force that allegedly has in its ranks, a battery of extrajudicial killers, petty thieves, and fraudsters, hordes of bribe collectors, and a cocktail of sundry criminal elements, overshadowing a bunch of some of the world’s best cops, many believe that the government has only paid lip service to police reforms as systemic brutality, corruption, use of excessive force during arrests, engaging in acts of torture, extorting, and harassment of citizens remain intact.

Effiong, therefore regretted that the Federal Government failed to take advantage of the #EndSARS protest to right many wrongs in the NPF, stressing: “The EndSARS protest offered the country a historic opportunity to redeem itself, reform the police, and entrench a civilised culture of policing. But quite tragically, the Buhari regime played unholy politics with the legitimate demands of the #EndSARS protesters. It is alarming that despite the 2020 protest, police officers and the police institution remain terribly corrupt and continue to engage in constant extra-judicial conduct, extortion, and unprofessionalism.

“I call on the federal and state governments to urgently take action to actualise the demands of the EndSARS protesters. If this is not done, the country will witness a more serious protest that will make the #EndSARS protest look like a child’s play in the future.”

On his part, Ekong-Bassey believes that the government’s failure to address rights violations “seriously emboldens impunity, and it goes beyond what is happening in Nigeria. Whenever there is no consequence for bad behaviour, then there is certainly a very real possibility of a repeat. Nigeria has glossed over impunity for years and the consequences are now with us. several unsolved assassinations (including a former attorney general), the bombing of a renowned editor, the kidnapping of schoolchildren, and the list goes on. If there is no serious action to curb these menaces, then others feel emboldened to not only do more but improve on the methodologies.”

Even though Ekong-Bassey says that the idea of state-endorsed rights abuse “is a bit far-fetched in Nigeria,” he, however, added that “ordinary Nigerians see pronouncements from our highest courts as situations of rights abuses. From Kano to Plateau and many other elective positions, there is a pall in the confidence level that Nigerians have in their government. A major intervention in the judicial sector is needed to signal some hope in the people. The opposite is total despondency, anarchy, and distrust.
“Whilst traditional concepts of human rights are still a far cry for the government, there is almost total stagnation in other areas including rights to education, power supply, job availability, clean water, adequate health care, a sound economy, etc. Kidnapping, banditry, poor economic management, and many more are activities that the government has yet to tackle. The present government, despite the goodwill which it came to power with, is yet to tackle these issues seven months after they assume power,” he added.

National Human Rights Commission paper lion, not fit for purpose
Without word-mincing, a former national commissioner National Human Rights Commission, Mr Emmanuel Onwubiko, said that the commission has not done a good job of remediating, or giving succour to abused Nigerians.

“This is because the National Human Rights Commission is operationally weak even when the enabling law setting it up has been further boosted and endowed with more powers and funds to work. The commission, which operates just like a typical civil service office as against what it is set up to do, is not proactive and does practically very little by way of pursuing justice for victims of human rights… It ought to act as a police and protection brigade for human rights. It surely needs to do more to monitor the detention facilities of all the law enforcement agencies such as those of the DSS, police, EFCC, ICPC, and the military to ensure that human rights violations don’t happen. The commission is more interested in creating jobs for people connected to the head of that place or for senators who will help the commission get bigger budgets yearly. The commission needs to be reformed and unbundled to operate as an ombudsman and not just a noise maker who barks without biting.

After a cursory look at the human rights situation in the country, Onwubiko, the National Coordinator of the Human Rights Writers Association of Nigeria (HURIWA) said: “We firmly believe that a nation governed by the rule of law thrives when legal decisions are respected, and all parties act within the bounds of established legal frameworks. Disregarding court orders not only erodes public trust but also undermines the very foundation of our democracy.

“In the spirit of World Human Rights Day, we must also address the prolonged and unjust detention of individuals entrusted with critical roles in our nation – Godwin Emefiele, the former governor of the Central Bank of Nigeria, and Abdulrasheed Bawa, the former Chairman of the Economic and Financial Crimes Commission (EFCC).

“Their prolonged detention without due process, and in some instances, the disregard for court orders, raise serious concerns about the state of our justice system. The recent resignations of both Emefiele and Bawa under unclear circumstances only deepen the shadows over their detentions. Nigerians deserve transparency and accountability in these matters.

“As we commemorate World Human Rights Day, let us collectively reaffirm our commitment to the rule of law, equal opportunities, and justice. HURIWA remains resolute in its advocacy for human rights, and we call on all stakeholders, including civil society, the media, and the international community, to join us in holding our government accountable,” he submitted.